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Not just a game

An unprecedented Saudi spending spree and the arrival of private equity has radically shifted the profile of club ownership in sport – one that’s particularly acute in football. Global Insight assesses the implications.

Can the steel game be played fairly?

IBA Global Insight April/May 2016 - The ‘dumping’ of cheap steel from China into global markets continues to cause economic damage. With the Chinese government struggling to address steel overcapacity amid domestic tensions, other nations must take action.

Protecting the beautiful game: In search of sustainability

This podcast discusses the scrutiny English football is facing after an influx of billionaire owners, UK gov consults governance reforms.

Game changer in the Ukrainian law enforcement system

For a long time, there were several inspection authorities in Ukraine for financial crimes investigations; namely, the Security Service of Ukraine, the tax police, and the national police. Lately, this finally has been changed by the adoption of the Law of Ukraine ‘On the Bureau of Economic Security of Ukraine’ (hereinafter ‘the Law’) in March 2021.

A Game Changer in the Indonesian Investment Realm

The Indonesian government is committed to a campaign to increase investment into Indonesia, by, among others, improving the ease of doing business by carefully planned initiatives aimed at reform in the investment climate. To prove its commitment, one significant breakthrough is through the issuance of an umbrella regulation, the so-called Omnibus Law, that cuts down on bureaucratic red tape and streamlines the investment process.

Gaming: chorus of concerns over ‘loot boxes’ and gambling

The United Kingdom’s House of Lords has called for the government to act immediately to bring ‘loot boxes’ within the remit of gambling legislation and regulation, in a report published in July. Loot boxes – virtual packages in video games that provide randomised in-game upgrades such as new characters when opened – have caused concerns, including that they tempt vulnerable people into gambling.

When 3-D Objects in Video Games Pose IP Challenges

Video games often include real-life 3D objects, particularly if the game is to be realistic. The trouble with real-life objects is that they may be protected by various intellectual property rights. Unless the right holder has consented to the real-life object being used in the game, the game’s developer or publisher risk infringing IP. The article discusses reported cases from the US and EU regarding in-game use of 3D objects.

Legal issues gain prominence in run-up to Paris Olympic Games

The Games give rise to a number of legal issues, with some being organisational, such as those involving planning permission and security, and others sports-related.

IBA Showcase: The new female leadership of law firms – a game changer?

This IBA Showcase session brought together a panel of top female leaders to discuss what qualities are needed, what female leadership brings to a firm and how diverse voices benefit everyone.

IBA Showcase: The new female leadership of law firms: a game changer?

This showcase will consist in a conversation between some of those top female leaders, the IBA female leadership and a leadership expert from a INSEAD business school.

A game changer in the making: the pending German Corporate Sanctions Law

A webinar presented by the IBA Anti-Corruption Committee, 28 July 2021 1300 – 1400 BST

Recent developments in the laws relating to online gaming and online betting in India

As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom

Dispute boards and the Olympic Games: a tried and tested method of dispute avoidance

The Olympic Games is an economical, logistical and legal feat which tests a nation’s ability to deliver quality infrastructure in a timely manner on the world stage. A host city is uniquely placed under immense pressure to have all the necessary facilities, venues and other associated construction work completed on time for the sporting events to commence. Delay is not an option and every government decision is openly scrutinised in the public eye. However, as all in the construction industry know, undertaking major projects is rife with risk in terms of delay, defects, cost blowouts and a raft of other unexpected consequences. For a host city, it is imperative that the suite of contracts it enters into to build the venues, facilities, and infrastructure contain appropriate dispute avoidance and resolution mechanisms to manage the risks, and inevitable disputes, as and when they arise. Based on a history of success, this article proposes that dispute boards, in whichever form, are most appropriate for the avoidance of disputes. They are also useful for resolving disputes that cannot be avoided without the need have recourse to formal dispute resolution processes such as public litigation or arbitration.

Game of Stones – an op-ed on contested historical legacies in public spaces published by Gazette

The Law Society Gazette has published a co-authored opinion piece on contested historical legacies in public spaces by International Bar Association (IBA) Executive Director Mark Ellis and Institute for Historical Justice and Reconciliation(IHJR) Director, Timothy W Ryback.

Ruggie report calls on FIFA to up its game on human rights ahead of Qatar World Cup

A new report by Professor John Ruggie calls on football’s governing body FIFA to embed human rights across its operations, and may have implications for Qatar and other host nations of future tournaments

Game On: How the Right of Publicity, Legalised Gambling and Fair Pay to Play Laws Are Changing US Professional & Amateur Sports

Game On: How the Right of Publicity, Legalised Gambling and Fair Pay to Play Laws Are Changing US Professional and Amateur Sports

OTT, IDC and cloud-computing services under Telecom Law 2023

In Vietnam, over the last decade, new-generation and innovative ‘telecommunication’ services such as over-the-top messaging (OTT) service, internet data centre (IDC) service and cloud-computing service (Cloud) have emerged and developed rapidly as a result of the 4.0 industrial revolution.

Country Updates – March 2023

Unpacking Vietnamese law on e-transaction 2023: a thorough exploration of key points

The law on e-transactions in Vietnam was recently amended in 2023. In this article we have analysed seven outstanding regulations in the amendment, namely: the scope of applications; data and data message; e-certificates; the use of e-signature and trust services; legal framework for applying e-contracts; synchronising the rights and obligations of the owner of the information system and the use of e-transaction accounts; and regulations on data collection, management and sharing among state agencies.

Sweden – a flourishing Fintech start-up scene in spite of regulatory hurdles

By Mattias Anjou, Johan Löfquist and Isabelle Vinterskog. Sweden – a flourishing fintech start-up scene in spite of regulatory hurdles

Does the world want to fight corruption?

The most well-known provision of the Hammurabi Code is this: ‘If a man put out the eye of another man, his eye shall be put out (an eye for an eye).’ This is not the only criminal provision in the Hammurabi Code.

The price of freedom: compensation for unjustified detention across the European Union

The Spanish Constitutional Court has amended the wording of article 294 of the Judiciary Act, leading to a major change in the system of compensation for unjustified pre-trial detention. In the absence of a harmonised regulation on this matter, and in view of this change in the Spanish regulation, this article reflects on the compensation schemes in force in other EU Member States, taking into account the European Convention on Human Rights and the case law of the European Court of Human Rights.

International rule of law: review aims to strengthen ICC’s ability to deliver justice

Justice Richard Goldstone, the former Chief Prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY) and Honorary President of the IBA’s Human Rights Institute, has been appointed to chair an independent review of the International Criminal Court (ICC or the ‘Court’) two decades after the Court was created.

Digital economy: credit card ban presents tougher environment for gambling companies

The Gambling Commission – which regulates gambling in Great Britain – announced in January that gambling businesses will be banned from allowing British consumers to gamble using credit cards from mid-April. The move follows a public consultation and is representative of the increasingly hostile environment for gambling companies in the UK.

Trademark Protection Towards the Upcoming Tokyo Olympics: Legal Framework to Regulate Ambush Marketing

Since Tokyo was elected in 2013 as the host city of the 2020 Olympic and Paralympic Games, now postponed due to the Covid-19 outbreak, Japan has been investing enormously to prepare the infrastructure and environment to guarantee the success of the Games. In the legal field, a framework to protect the brand value of the Games and the interests of the official sponsors instantly became a focus of discussion.

Online bets regime in Colombia

Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.

Technology disputes in Australia 2022–23: emerging trends and managing risk

The dynamic nature of the digital environment with its lack of transparency and market complexity continues to challenge regulators, often making it difficult to detect issues and take enforcement action to deal with unfair trade practices, anti-competitive conduct and privacy and cybersecurity breaches.

Convincing neutral decision-makers: legal and evidentiary lessons from the Rogers–Shaw and Microsoft–Activision decisions

While international competition regimes rarely operate in precisely the same way, many share a common feature: the decisions of the country’s competition law authority are subject to third-party review. Usually, Canadian and United States enforcers must prove their case in front of an independent judiciary. In Europe, enforcement decisions may be subject to judicial review or appeal. Whatever the precise structure, the third-party review process has important implications for enforcers and merging parties alike. Perhaps the most fundamental is whether third-party reviewers approach the law and evidence the same way as enforcers. Often, they do not. Two recent Canadian and American merger cases are striking examples of this phenomenon. In these cases, judges dismissed the enforcer’s case because they fundamentally disagreed with the enforcer’s approach to the law and the evidence provided. In Canada, the CAD$26bn Rogers–Shaw merger – one of the largest domestic corporate transactions in the nation’s history – closed in April 2023 after over two years of unsuccessful government regulatory challenges and litigation. The global Microsoft–Activision acquisition – labelled the largest acquisition in the technology industry’s history – faced significant regulatory opposition from regulators in the US and the United Kingdom before finally closing on 13 October 2023. An attempt by the US Federal Trade Commission to block the Microsoft–Activision transaction failed in July 2023. Although one case involves a vertical merger in the technology industry and the other involved a horizontal merger in the telecommunications industry, the enforcers approached both cases in a similar fashion, and both lost their cases for the same reason: their approach to the law and the evidence was fundamentally different than that adopted by the courts. Despite the differences between the cases, Canada’s Competition Tribunal in Rogers–Shaw and Judge Corley in Microsoft–Activision adopted a strikingly similar approach to the law and evidence: one grounded in the principles of fairness, efficiency and common sense. Their decisions hold valuable evidentiary and legal lessons for enforcers and practitioners alike. This article summarises both cases, outlines the key similarities in the eventual decisions and concludes with a list of critical takeaways for enforcers and practitioners to refer to in circumstances where they must convince third-party decision-makers of the correctness of their position.

Convergence and Divergence in Assessing the Broadcasting Practices of Professional Sports Leagues

This article aims to give readers a multi–jurisdictional overview of the law of various courts and agencies that have addressed professional sports broadcasting arrangements, including exclusive arrangements. It highlights some key areas of convergence, including for example the long-established efficiencies that can arise from both league-level broadcasting arrangements and exclusive production and distribution.

Football faces up to an uncertain future

Governance issues, the impact of Covid-19 and a widening divide between rich and poor clubs are all threatening the ‘beautiful game’. Global Insight investigates how football can be saved.